Legal Opinion

Lewis v. Baker

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 260PublishedCited by 3 opinions

Appeal, No. 260, Jan. T., 1892, by defendants, Frank Baker et al., from judgment of C. P. Union Co., Dec. T., 1888, No. 66, on verdict for plaintiff, Thos. I. Lewis. Ejectment for undivided half of tract of land.

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Appeal, No. 260, Jan. T., 1892, by defendants, Frank Baker et al., from judgment of C. P. Union Co., Dec. T., 1888, No. 66, on verdict for plaintiff, Thos. I. Lewis. Ejectment for undivided half of tract of land. At the trial, before Mayer, P. J., plaintiff proved a paper title to an undivided half of a tract of 208 acres 95 perches of land in Kelly township, known as the Clingan farm, which had been conveyed to him and his father, John L. Lewis, in 1856 ; his tenant’s possession of same for a year after the conveyance, and service of writ of ejectment upon defendants. Defendants offered to…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

“ Potior est conditio defendentis.” A series of circumstances *532may make an equitable defence to an action at law, that would not sustain an action, or justify a chancellor in finding and specifically enforcing a parol contract in equity.

This appeal is taken from a judgment in ejectment in favor of the plaintiff. The verdict upon which it is entered was rendered under a binding direction from the learned trial judge that the controversy on which the case depended had been already adjudicated by the decree of a court of competent jurisdiction, made between the same…

2Cited by3 opinions

  1. Brown v. BaileySupreme Court of Pennsylvania · 1893
  2. Dutton's EstateSupreme Court of Pennsylvania · 1904
  3. Lewis v. BakerSupreme Court of Pennsylvania · 1894

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